improvements. The product of the preapplication conference will allow the applicant
to complete a preliminary plat and submit it formally for review by the plats
review committee. The plats review committee shall have the authority to
approve or disapprove any preliminary plat; provided the preliminary plat must
comply with all of the requirements of this chapter. The developer may elect to
submit the preliminary plat to the city plan commission and city council.
Generally, the election to proceed before the city plan commission and city
council is recommended when:
a. The plats review
committee disapproves the preliminary plat;
b. The developer is
requesting a variance or conditional exception from this chapter; or
c. The development is
planned to be platted in two or more phases.
the developer elects to proceed to the city plan commission and city council,
the plats review committee will review and forward its recommendations to the
city plan commission and city council.
(2) Final plat phase review
before plan commission. After a preliminary plat is approved, the applicant
can then begin to comply with the requirement of final plat review before the
city plan commission. Completion of the final plat phase review before the city
plan commission requires the applicant to proceed under one of the three
options described in section 66-47. During the final plat phase, the
professional staff of the secretary of the city plan commission and the plats
review committee will make recommendations upon the final plat and the
appropriate city departments will make their recommendations upon the
engineering plans required to construct improvements. These recommendations
will be forwarded to the applicant for correction or compliance, if necessary,
when approved by the appropriate body.
(3) Final plat phase review
before city council. After selecting one of the options as set forth in
section 66-47, the applicant may proceed to review before the city plan
commission and city council. The final plat shall not be submitted to the city
council until such time as all of the requirements of this chapter shall have
been met. After approval of the final plat by the city council and after all
applicable requirements of this chapter have been met, the city clerk shall
release the plat to be recorded in the appropriate county.
Sec. 66-44. Review of
final plat by plan commission.
for approval. After approval of the preliminary plat pursuant to section
66-43, the applicant may file an application for approval of the final plat for
review before the city plan commission, on forms made available at the office
of the secretary of the city plan commission, together with a fee as required
in section 66-10. The applicant shall also submit:
minimum of 20 copies of the final plat.
(2) Any additional information as
required with the approved preliminary plat.
secretary of the city plan commission shall refer the proposed final plat plus
other pertinent data to the plats review committee for its review and recommendation,
and to the appropriate city department, when applicable.
(3) A certified checklist
certifying that the form and content of the final plat is in accordance with
(b) Form and
contents of final plat. The final plat to be reviewed by the city plan
commission shall be prepared by a registered land surveyor in accordance with
the following and shall include:
(1) Drawing at a scale of at least
one inch equals 100 feet or larger on sheets at least 18 inches by 24 inches
and not exceeding 24 inches by 36 inches with a 1 1/4-inch binding edge along
the lesser of the two dimensions and a one-quarter-inch border along all other
sides. If the proposed plat is of an unusual size, the final plat shall be
submitted on two or more sheets of the same dimensions. If more than two sheets
are required, an index sheet of the same dimensions shall be filed, showing the
entire development at a smaller scale.
(2) Name of subdivision, which name
shall not duplicate or too closely approximate the name of any existing
subdivision, and shall specify the city, county and state.
(3) Location of section, township,
range, county and state; and a legal description of the boundary with acreage
of the subdivision. The boundary description shall be based on an accurate
traverse and tied to a coordinate system based on information provided by the
city engineer. The allowable error of closure and positional accuracy of the
boundary traverse, or any portion of the final plat, shall be in accordance
with the official document adopted by the director of public works based on the
current Minimum Standards for Property Boundary Surveys, 10 CSR 30-2, Missouri
Code of State Regulations.
(4) Location of lots, streets
(public and private), public ways, alleys, parks, parkways and other features,
with accurate dimensions in feet and decimals of feet, with the length of radii
and arcs of all curves, and with all other information necessary to reproduce
the plat on the ground. Dimensions shall be shown from all angle points and
points of curve to lot lines.
(5) Numbering of lots. Lots shall
be numbered clearly. If the blocks are to be numbered or lettered, this should
be shown clearly in the center of the block.
(6) The exact locations, widths,
grades and names of all streets to be dedicated.
and width of all easements to be dedicated.
building setback lines, with appropriate dimensions, if required.
(9) Names and addresses of the
developer and surveyor making the plat and the signature and seal of the
(10) Scale of plat, with the scale to
be shown graphically and in feet per inch, date of preparation and north point.
dedicating all easements.
(12) Statement dedicating all
streets, alleys and other public areas not previously dedicated.
(13) Proposed street grades on all
interior and peripheral streets, which shall be shown per section 66-122(f).
(14) Dedications to the public of
streets, municipal uses, utilities, parks and easements in a form approved by
the city engineer and the city counselors office. All land included in the
irrevocable offer of dedication shall be dedicated to the city free and clear
of all liens and encumbrances on such premises. The subdivision plat shall be
marked with a notation in a form approved by the city engineer, which indicates
the formal offers of dedication.
(15) Signature blocks for
certificates of approval by the chairman and secretary of the city plan commission,
city engineer, director of public works, mayor, and city clerk.
documents. The following items shall also be submitted with the final plat:
(1) Three copies of any private
restrictions affecting the subdivision or any part thereof.
(2) Computation worksheets in
digital format approved by the Director of Public Works showing all coordinates
or lot corners and street control tied to the coordinate system based on
information provided by the city engineer.
certificate from a title company which shows the following:
legal description of the property to be subdivided.
ownership of all property within the described property.
c. Any deeds of trust,
liens, attachments or encumbrances upon property to be subdivided.
d. Statement of taxes
and assessments due and payable upon the property described.
easements or right-of-way of record.
(4) Release of any dedicated
rights-of-way from and subordination of any deeds of trust to any building
lines and easements shown on the plat.
(5) Subordination of any existing
easements where in conflict with proposed rights-of-way.
(6) Apportionment of special
assessments on land to be dedicated to public right-of-way.
If the applicant has submitted material for final approval, the secretary of
the city plan commission shall, within ten working days, refer this submission,
and the planning staff review, to the plats review committee for discussion at
its next regularly scheduled meeting. Within 14 days after the plats review
committee has made its recommendation, the secretary will notify the applicant
of the results. In addition to meeting all other requirements for approval of
the final plat by the plats review committee, final approval shall be
conditioned on developers declaration to proceed with one or more options
stated in section 66-47 for all required improvements and approval of such
option(s) by the plats review committee. If the plats review committee rejects
or recommends withholding submission of the final plat, the applicant may
request that such plat be submitted to the city plan commission. In this event,
the secretary shall forward the proposed plat, together with the report of the
planning staff and the plats review committee stating the reasons for the
(e) Within ten
days after the city plan commission review and after receipt of supporting
documentation as required by this section, the secretary will forward the final
plat, along with all attachments and recommendations of the city plan
commission, to the city engineer for submission to the city council.
limit for submission to city council. If the plat is not submitted for
final approval to the city council within two years of the action by the city
plan commission, the recommendation of the city plan commission shall become
null and void and the final plat must be resubmitted to the commission.
Sec. 66-45. Review of
final plat by city council.
to city council. Upon approval of the final plat by the city plan
commission, the final plat may be submitted to the city council for
consideration and approval. A final plat approved by the city council, shall
not be released by the city clerk for recording unless and until the developer
has submitted the additional information to fulfill the requirements set forth
in subsection (b) and (e) of this section, subject to the approval of the city
(b) Form and
contents of final plat and subdivision of other documents.
(1) Developer shall submit fifteen
(15) paper copies of the final subdivision plat. In addition, in Jackson
County, three (3) additional copies will be photographic Mylars, in Clay County
and Platte County one (1) additional copy will be photographic Mylar, or
additional copies as required by the respective County of recording. All
copies shall carry the original signatures of the owners and acknowledgment by
a notary public.
(2) Certification, imprinted seal
and original signatures of the registered land surveyor on all copies of the
final plat indicating that all details of the plat are correct.
(3) Addendum to the ownership
certificate stating any changes in the certificate if the ownership certificate
is dated over 120 days prior to the date of submission to the city council.
(4) Tax certificates from the city
and the county indicating that all taxes, due and payable, have been paid.
(5) Final construction plans of the
following utility systems and improvements in conformance with criteria
currently adopted by the director of public works:
e. Site disturbance.
of improvements. The developer shall be required to maintain all public
improvements until acceptance of such improvements by the director of public
of required improvements. The city engineer may consider all requests
presented to the Plats Review Committee during review of the final subdivision
plat to defer the provision of any or all such improvements in accordance with
Section 66-47 as, in his judgment, are not requisite in the interest of the
public health, safety and general welfare, or which collectively are deemed inappropriate
because of inadequacy or lack of connecting facilities. Whenever it is deemed
necessary to defer the construction of any improvements required in this
chapter for such reasons, the developer shall pay his estimated share of the
cost of the future improvements, based on estimates equivalent to City cost to
construct the improvements subject to review and approval by the city engineer,
to the city prior to acceptance of the final subdivision plat by the city
council and issuance of certificates of occupancy. Such payment by the
developer may be in cash or other form of acceptable security, subject to
approval of the appropriate agreement by the city council. For purposes of
estimating street improvement contributions on collector or local street
classifications, the starting rate based on average city improvement costs
shall be $200.00 per lineal foot with adjustment made to increase or decrease
the rate where existing constraints or conditions dictate a higher or lesser
estimated cost. The city manager shall have authority annually to adjust the
starting rate listed above to reflect an increase equal to an increase in the
consumer price index (all items/all urban consumers/Kansas City,
Missouri-Kansas) published by the United States Department of Labor, Bureau of
Labor Statistics, provided that the increase is reflective of the city costs
for such improvement. If the average costs fall below the rate being charged,
the rate shall be reduced so that it is equal to or less than the average City costs
for such improvements. The adjustments shall be made annually by the city
manager in conjunction with the adoption of the annual budget of the city by
filing a notice with the city clerk.
The city council shall review the final subdivision plat and may, by ordinance,
either approve or disapprove the final subdivision plat. The plat, if approved,
shall have endorsed upon it the approval of the mayor and city clerk and seal
of the city. If the Council has approved the plat, then the city clerk may
release the plat to be recorded in the appropriate recorder of deeds office
after all of the following requirements are fully satisfied:
(1) The developer has submitted all
required plans; and
(2) All required plans have been
approved by the appropriate city department; and
(3) All improvements required as a
condition for the plat have been constructed or guaranteed;
(4) All of the requirements set
forth in section 66-44 and this section have been satisfied; and
(5) The city engineer issues
clearance to the city clerk releasing the plat for recording.
limit for recording plat. If the council shall approve the subdivision plat
but the plat has not been recorded within two years of the effective date of
the ordinance approving the plat, such approval shall become null and void and
a new plat must be submitted to the city plan commission and city council for
Sec. 66-47. Options for
construction of public improvements.
of guaranteeing construction. Construction of all public improvements
required by this chapter or by the city council shall occur through one of the
(1) Option 1: Construction of
public improvements. The developer or his contractor shall proceed to obtain
construction permits by posting performance and maintenance bonds for all
required public improvements in accordance with the plans and specifications
approved by the city engineer and in accordance with section 64-4.
2: Delay construction by posting bond.
a. The developer may
post a bond or bonds for all or a part of the required improvements in an
amount estimated by the director of public works as sufficient to secure the
costs for satisfactory construction, engineering, installation and dedication
of all or a part of the required public improvements. Bonds for partial
improvements shall be accepted only if the balance of the public improvements
has been undertaken under option 1.
b. Such performance
bonds shall comply with the requirements of RSMo 89.410, and shall be subject
to approval by the director of finance and shall be in an amount satisfactory
to the director of public works.
c. The period in which
the required improvements must be commenced shall be two years from the date of
the bonds posted in accordance with this option. On or before the expiration of
two years, the developer shall cause a contractor's performance and maintenance
bond to be issued and all required permits to be obtained.
d. The city engineer
may, upon proof of hardship, extend the completion date set forth in such bond
for a maximum period of one additional year. Further extensions may be granted
by the council.
(3) Option 3: Delay construction by
escrow or letter of credit agreement. In lieu of options 1 and 2, the developer
shall enter into an escrow or a letter of credit agreement with the city,
whereby the applicant will place in escrow or submit a letter of credit in an
amount equal to the engineering and construction costs, as estimated by the
director of public works, to cover all required public improvements. Unless a
completion date is properly extended by the city engineer for the escrow or
letter of credit agreement, public improvements shall be completed by the
applicant pursuant to the following timetable:
OF IMPROVEMENTS AND TIME OF COMPLETION
From Date of
of Subdivision Plat
roadways or parkways 4
other than residential 4
If this option is selected,
the escrow or letter of credit agreement shall be submitted prior to the plat's
being submitted to the city council.
of option. The developer shall elect one of the options described in this
section prior to submission of the final plat to the plats review committee.
Sec. 66-122. Streets.
(1) In any new subdivision, the
street layout shall conform to the arrangement, width and location indicated on
the major street plan, comprehensive plan or component neighborhood unit
development plan or any other planned district as approved under the provisions
of the zoning ordinance. In areas for which such plans have not been completed,
the streets shall be designed and located in proper relation to existing and
proposed streets, to the terrain, to such natural features as streams and tree
growth, to public convenience and safety, to the proposed use of the land
served by such streets, and to the most advantageous development of the
adjoining area. Each lot within the subdivision shall provide access to a
dedicated public street.
(2) Proposed streets shall extend
to the boundary line of the tract being subdivided unless prevented by
topography or other physical conditions or unless in the opinion of the city
plan commission such extension is not necessary or desirable for the
coordination of the layout of the subdivision or for the advantageous development
of the adjacent tracts.
The standards within this chapter recognize the major street plan for the city
and reference to that document for the determination of subdivision streets by
strips. Wherever the proposed subdivision contains or is adjacent to a
railroad right-of-way or limited access highway, or where lots back onto a
public street, the subdivision shall provide the following treatment:
(1) In residential districts a buffer
strip at least 50 feet in depth shall be provided in addition to the normal lot
depth required. The strip shall be a part of the platted lots and shall have
the following restriction lettered on the face of the plat: "This strip
reserved for the planting of trees or shrubs by the owner or developer; the
building of structures hereon is prohibited."
(2) In commercial and industrial
districts adjacent to a railroad right-of-way or limited access highway, no
parallel street shall be less than 150 feet from the right-of-way or limited
Streets shall intersect each other at right angles unless otherwise dictated by
topography or other factors of good design.
(1) The number of intersections
along major streets shall be held to a minimum. Wherever practicable the
distance between such intersections shall not be less than 1,200 feet.
(2) Property lines at street
intersections shall be rounded with a minimum radius of 15 feet. A greater
radius may be required by the city engineer where anticipated traffic justifies
such a requirement.
(3) Streets parallel to a railroad
right-of-way or limited access highway shall, when intersecting a major street,
highway or collector street, be located at a minimum distance of 250 feet from
such right-of-way, highway or collector street. Such distance, when desirable
and practicable, shall be determined with due consideration of the minimum
distance required for the future separation of grades by means of appropriate
(4) Local streets need not continue
across major or collector streets; but, if the centerline of such local street
approaches the major streets from opposite sides thereof within 150 feet, the
director of public works may require an appropriate easement to accommodate
drainage facilities, pedestrian traffic or utilities.
width. The minimum right-of-way of all proposed streets shall be the width
specified by the major street plan; or, if no width is specified therein, the
minimum width shall be as follows:
Type of Street Right-of-Way
minimum 150 feet
Primary arterial 100
arterial 80 feet minimum
residential street) 50 feet minimum
feet minimum, but must conform to established criteria
Every cul-de-sac shall
terminate in a circular turnaround having a minimum right-of-way diameter of
(1) Unless necessitated by
exceptional terrain, and subject to the approval of the director of public
works, the maximum street grades shall not exceed the following:
Street Type Maximum
(residential) 6 (commercial)
(local/residential street) 10
(excluding turnaround) 12
turnaround, only 12
Pedestrian ways 8
(2) All changes in street grade
shall be connected by vertical curves and be designed for safe stopping sight
distances as determined by the city engineer using current Federal Highway
Administration design criteria.
(3) Street grades may either be
established by the plat or by separate ordinance. If established by separate
ordinance, the applicant may begin construction of the street prior to the
passage of the ordinance, but the street shall not be accepted for maintenance
until the ordinance is passed. Furthermore, if established by separate
ordinance, the plat shall indicate the grades proposed by the applicant, the
recommendation of the director of public works and the statement that any
damages caused by reason of the actual establishment of grades are waived.
(4) Wherever practicable, street
grades shall be established in such a manner to avoid excessive grading, or
promiscuous removal of ground cover and tree growth, and a general leveling of
the terrain. Grades so established will reduce hazards by maintaining adequate
sight distances for the classification of streets and design speeds.
(g) Radius of
(1) The centerline radius of a
horizontal curve shall be as follows:
Type of Street Minimum
Curve Radius (feet)
Primary arterial 500
(local/residential street) 150
(2) A minimum tangent length of 100
feet shall be provided between curves of opposite direction on major and
(3) The developer may request a
variance to the minimums set out in this subsection based on engineering
considerations of topography, length of street, number of curves and other
factors which may dictate a lesser radius. Such request may be approved by the
plats review committee with the concurrence of the city engineer. Variations
may also be granted pursuant to section 66-9.
streets. Where an existing dedicated or platted half street is adjacent to
the tract being subdivided, the other half of the street right-of-way shall be
dedicated by the subdivider in conformance with the requirements of the major
street plan. Half street dedications for minor streets are not permitted unless
there is satisfactory agreement with the city that both adjacent developers
agree to dedicate and construct one-half of the street, except that when a
variance to this will be in the public interest.
names. Street names shall be assigned by the street naming committee at the
time of the preliminary plat approval. The developer shall submit a street name
sign plan with the preliminary plat submittal, to be reviewed by the street
naming committee. The street name sign shall be drawn at a readable scale that
shows the proposed street layout with proposed names, perimeter streets and
street names, lot lines and proposed street name sign locations, with a note
stating the names to be put on each sign. The sign locations, size and message
will be according to the public works department's "Specifications for
Fabricating and Installing Street Name Signs."
distance at intersections. Minimum sight distance shall be provided at each